RegenLab USA LLC v. Estar Technologies Ltd. et al, 1-16-cv-08771 (NYSD August 15, 2018, Order) (Carter, Jr., USDJ)
Friday, August 17, 2018
Employee’s Home Office Qualifies as Regular and Established Place of Business
The court denied one defendant's motion to dismiss for improper venue because defendant had a regular and established place of business through an employee's home office in the forum. "[One defendant's] New York employee's home office is not merely a 'sporadic' or isolated work environment. . . . [S]ales representatives 'contact a prospective customer at a potential customer's office' and 'take initial sales orders.'. . . Although [defendant] does not require sales people to live in their assigned territory, [it] admits that it 'tries to hire people living within their assigned sales territory,' one of which is New York. Indeed, [defendant's] job postings reveal that it seeks out territory managers for specific locations. . . . And . . . sales agents must contact potential customers at their offices and conduct trainings when [defendant's] products arrive. All of these tasks necessitate proximity to customers."